HomeMy Public PortalAbout07 10 2020 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 10, 2020 AT 9:00
A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA. NOTE: THERE WAS LIMITED PUBLIC
ACCESS TO TOWN HALL. THIS TOWN COMMISSION MEETING WAS ABLE TO BE
ACCESSED ONLINE, INCLUDING ALLOWING FOR PUBLIC COMMENT.
I. Call to Order
Mayor Morgan called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance
Mayor Morgan led the Pledge of Allegiance.
III. Roll Call
Present and
Participating: Scott W. Morgan Mayor
Thomas W. Stanley Vice Mayor
Paul A. Lyons, Jr. Commissioner
Joan Orthwein Commissioner
Donna S. White Commissioner
Also Present &
Participating:
IV. Minutes
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Town Manager
Asst. Town Attorney
Police Chief
Town Clerk
A. Regular Meeting of June 12, 2020
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on June 12, 2020. The motion was
seconded by Commissioner Orthwein with all voting AYE at roll
call.
V. Additions, withdrawals, deferrals, arrangement of agenda items
Item X.D was withdrawn. Item X.C. moved to VII. A.
VI. Announcements
A. Regular Meetings and Public Hearings
1. August 14, 2020 at 9:00 A.M.
2. September 11, 2020 at 4:00 P.M. followed by Tentative
Budget Hearing at 5:01 P.M.
3. September 22, 2020 at 5:01 P.M. Final Budget Hearing
4. October 9, 2020 at 9:00 A.M.
5. November 13, 2020 at 9:00 A.M.
6. December 11, 2020 at 9:00 A.M.
VII. Communication from the Public (3 min. maximum)
A. Change Order Request-AlA Water Main Improvement Phase 2 -
Baxter and Woodman
Mr. Rick Chipman, representing Baxter & Woodman, explained
some changes they were requesting to the contract. He stated that since
the design was completed, there were quite a few additional utilities
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
put into the corridor along the shoulder that were discovered by the
contractor during his initial investigation before work could begin. Mr.
Chipman stated they immediately began working on solutions and felt
that, although it costs a little more, the change stays within the total
contract and they had put in a contingency to account for things of this
nature. He added that the solution to put it under the road is
beneficial to the Town because the pipeline will not be so deep and will
not be a directional boring. Mr. Chipman stated maintenance would be
much improved, all the services to the residents would be bored
underneath the trees, they would be avoiding all the Australian Pines
and utilities completely and had they originally designed it that way,
it would have cost much more. Mayor Morgan asked if this was just a
section and Town Manager Dunham answered it was Golfview to Sea Road.
Mr. Chipman stated it would be a $46,000 change and they had a $115,000
contingency so there was still $68,000 for any other problems that may
occur during the construction process and the contractor is ready to
proceed if the change is approved. Mayor Morgan asked if that was a
hard number to which Mr. Chipman answered in the affirmative adding it
had already been negotiated. Vice Mayor Stanley asked about the
schedule and Mr. Chipman answered it would wrap up as scheduled in
November. Town Manager Dunham stated there was approximately two more
weeks work on County Road and then they would move on to Little Club
Road. He asked Mr. Chipman if the work would be simultaneous or if it
would begin after Little Club was completed. Mr. Chipman stated the
plan was to begin simultaneously but if they didn't need to do that to
stay on schedule then they would continue what they are doing now and
then move on. Mayor Morgan asked when County Road would be paved to
which Mr. Chipman answered at the completion of the project in November
because they usually bring in pavers once, but he would have to look at
the schedule to be sure. Town Manager Dunham stated that his
understanding was once the pressure was tested and certified by the
State they were going to come in with the asphalt. He added that he
would verify that for the Commissioners. Commissioner White asked if
there were going to be any accommodations made for bicyclists during the
construction to which Town Manager Dunham answered they would be treated
just like vehicles and be subject to traffic law.
Vice Mayor Stanley made a motion to approve the change -order
in the amount of $46,280. The motion was seconded by Commissioner
Orthwein with all voting AYE at roll call.
VIII. Public Hearing
A. Applications for Development Approval
1. 530 Old School Road
a. Declaration of Ex -Parte Communication
There was none.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
b. Administer Oaths
Town Clerk Taylor swore in Mr. Richard Jones and Mr.
Louis Vlahos.
c. An application submitted by Richard Jones, Richard
Jones Architecture, as agent for Alex and Francesca
Lewis, Owners of the property located at 530 Old
School Road, Gulf Stream, Florida legally described as
Lot 8, Polo Fields Subdivision.
(1) DEMOLITION PERMIT to demolish existing
Structures.
(2) LAND CLEARING PERMIT to clear property for new
construction.
(3) SPECIAL EXCEPTION to permit an additional 153
sq. ft. over the maximum floor area ratio for
covered open area.
(4) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to
permit the construction of a 5,266 sq. ft.
Colonial West Indies 2 -story, single family
dwelling, two- and one-half car garage and a
swimming pool.
Mr. Louis Vlahos, landscape architect, began by
stating they had tried to save a lot of the existing trees because they
are large and mature, but when they decided to raise the seawall by two
feet, there was no room to relocate a couple of the larger trees. He
added that two Ficus trees in the front would not make it if they were
relocated, so they needed to eliminate those as well. Mr. Vlahos added
that the circumstances of raising the elevation was not allowing them to
keep some of the large materials and thought this was going to happen
more and more as they keep raising the elevations. He noted the 10-12
ft. hedges on the east and west side were staying as well as the Areca
Palms and he then explained in detail the landscaping being proposed and
what vegetation was being relocated. Mr. Vlahos stated a lot of the
landscaping was for privacy and screening, but they wanted to keep the
views in the rear open as much as possible. Commissioner Lyons asked
about a large tree that gave nice separation to the houses and was
pleased to know it was to be replaced with something comparable. Vice
Mayor Stanley asked what shape the Ficus hedges were in and Mr. Vlahos
answered they were very healthy and per the owner's request they were
trying to maintain them.
Mr. Richard Jones, Architect, began by stating this
lot is in an area of town that is prone to flooding so they had to take
that into consideration when proposing the design of the 5,240 sq. ft.
two-story home. Mr. Jones pointed out that the mature hedges along the
east and west property lines were staying in place. He added the lot
coverage was below the minimum required and the pervious area was above
the minimum required and they were able to increase the setback from the
existing house by using the two-story approach. Mr. Jones explained the
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
symmetrical front entry and entry courtyard was designed to pick up the
grade differential they had from the street and driveway to the house to
meet the minimum requirements of the Florida Building Code and with FEMA
it had to be at 7.0 NAVD. He also noted the new dock and seawall that
was being raised 24 inches. Commissioner Orthwein asked how that worked
with the adjacent neighbors and Mr. Jones explained that there would be
a slight differential but in the past year and a half the FEMA
requirements and the Florida building code updates have ben requiring
finished floors to be increased higher and higher. He added that the
houses designed today had to be built a minimum of 18 inches above the
elevation they were 18 months ago, and it was a delicate balance of how
much they raised the site to have consistency with the adjacent
properties. Commissioner Orthwein asked if there was any way to
coordinate with the neighbors to see if everyone wanted to raise their
seawalls at the same time instead of piecemealing it together. Mr.
Jones stated that they could reach out to the neighbors on either side.
He added they took into consideration Section 70.73 C. regarding the
massing of two-story homes and they provided the additional setbacks
required and incorporated the front porch at the same time. He stated
it was a Colonial Western style with shaker shutters, lap siding and
expunged outriggers. Mayor Morgan stated that it was very vertical and
thought the second story windows were very narrow. Mr. Jones answered
that the windows were 3' wide and 6' tall and consistent with the LDR
for that architectural style. Vice Mayor Stanley and Commissioner
Orthwein agreed with the Mayor. Mr. Jones stated that the window in the
center was in a spot where it could be reduced in size but a lot of the
landscaping in the circular drive would screen out most of the second -
floor facade. He then recommended to change all three of the windows to
be consistent with the height of the window on the side, which was only
5' tall. Mr. Jones added he thought that would be an improvement on the
front fagade and thanked the commissioners for their comments.
Commissioner Orthwein suggested the shutters be a more contrasting color
because they were blending into the house and barely visible at the
color shown on the rendering. Town Manager Dunham asked about the
swales in the back and front yards to which Mr. Jones stated that they
were there to maintain all the potential water that would fall on this
property and to maintain it on-site so as to not divert to the two other
properties. Commissioner Orthwein brought up contacting the neighbors
again regarding the seawall to let them know, even though it was being
raised as a direct result of the FEMA Guidelines, it would be nice for
them to see what it was going to look like and have a chance to raise
theirs as well at the same time. Mayor Morgan agreed that maybe a call
would be nice instead of a notice by letter. Commissioner Lyons asked
if there had been any comments from the neighbors and Town Clerk Taylor
answered there had been none.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
Vice Mayor Stanley made a motion to approve a demolition
permit for the demolition of all structures. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Land
Clearing Permit to clear the land enough to build a new structure.
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
Vice Mayor Stanley made a motion to approve a Special
Exception to permit up to an additional 153 sq. ft. of covered open area
that exceeds the maximum FAR. Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Level III
Architectural/Site Plan based on a finding that the demolition of all
existing structures, clearing the land to permit the construction of
5,266 sq. ft. Colonial West Indies 2-story single family dwelling, two
and a half car garage, and a swimming pool with the change of the three
windows on the front fagade will be reduced from 6' to 5' and the
shutter colors will be revised with the approval of the Town Staff meets
the minimum intent of the Design Manual and applicable review standards
with the following conditions:
1.Any minor modifications in the approved landscaping shall
be submitted to the Town Manager for review and approval
and any major modification shall be brought back to the
ARPB for review and approval, prior to commencement of
landscaping.
2. Prior to the issuance of a building permit, the owner of
the property shall prepare and sign a Gulf Stream Driveway
Removal Agreement.
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
2. 554 Palm Way
a. Declaration of Ex-Parte Communication
There was none. Vice Mayor Stanley recused himself
from voting citing professional reasons.
b. Administer Oaths
Town Clerk Taylor swore in Matthew Ostrowski.
c. Application submitted by Matthew Ostrowski,
Architecture Experiences, Inc., Agent for Barry
Lorenzetti, owner of the property located at 554 Palm
Way, Gulf Stream, Florida legally described as the
south 50 ft. of Lt. 21 in Polo Cove and Lot 1 plus the
west 41 ft. of Lot 2 in Gulf Stream Cove.
(1) SPECIAL EXCEPTION to permit an additional 185
sq. ft. of covered open area that exceeds the
maximum floor area ratio.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
(2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to
permit the addition of 2 balconies to the
existing two-story, Dutch Colonial, single
family dwelling and extend a privacy stucco
wall, fence and hedges.
Mr. Matthew Ostrowski made a presentation describing the
minor addition of two balconies to the rear yard of the existing house
and some landscaping work to be provided to continue and complete the
privacy screening elements in the north parking area. The balconies
will be on the second floor attached to two existing bedrooms and will
have pathways underneath them that will not be covered, he added. Mr.
Ostrowski explained they were adding ornamental trim and lighting to the
entryway and changing gas lighting to electric as well as replacing
existing balcony railings to match the railings on the new balconies.
He stated they were adding a stucco wall fence and hedges on the west
side of the property to match the existing. Mr. Ostrowski stated that
the entry fagade will provide a more complimentary detailing to the
Dutch Colonial fagade including new pediment molding using a white tile
and a herringbone pattern.
Commissioner Orthwein made a motion to approve a special
exception to allow up to 300 sq. ft. of roof projections (covered,
unenclosed areas) that exceed the allowable FAR by 185 sq. ft.
Commissioner white seconded the motion with all voting AYE at roll call.
Commissioner Orthwein made a motion to approve a Level III
Architectural/Site Plan based on a finding that the addition of two
balconies to the existing two-story, Dutch Colonial, single family
dwelling and the extension of a privacy stucco wall, a fence and new
hedges meets the minimum intent of the Design Manual and applicable
review standards with the following condition:
1. Any minor modifications in the approved landscaping shall
be submitted to the Town Manager for review and approval
and any major modification shall be brought back to the
ARPB for review and approval prior to commencement of
landscaping.
Commissioner White seconded the motion with all voting AYE at roll call.
3. 3054 Gulf Stream Road
a. Declaration of Ex -Parte Communications
There was none. Vice Mayor Stanley recused himself
from voting citing professional reasons.
b. Administer Oaths
Town Clerk Taylor swore in Dave Bodker.
c. Application submitted by Dave Bodker, Dave Bodker
Landscape Architecture, Agent for William Holding,
owner of the property located at 3054 Gulf Stream
Road, Gulf Stream, Florida, legally described as Lot
19, Gulf Stream Properties.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
(1) DEMOLITION PERMIT to demolish all structures on
the property.
(2) LAND CLEARING PERMIT to remove 13 trees less
than 8" in diameter.
(3) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to
permit removal of all structures and install
irrigation system and sod on entire property.
Mr. Dave Bodker, landscape architect, stated they were
seeking a demolition permit for the existing house, pool and other paved
areas. He added their intention was to remove the minimum number of
trees possible and still do the demolition. Mr. Bodker stated all the
existing trees and hedges would be protected during demolition by
temporary fencing and after completion of the demolition, the yard would
be sodded and irrigated. Commissioner Lyons asked what was going to
happen after everything was demolished. Mr. Bodker stated the Holdings
owned the home just to the south and for the time being the property
will sit vacant until they decide to build or sell.
Commissioner Orthwein made a motion to approve a
demolition permit. Commissioner White seconded the motion with all
voting AYE at roll call.
Commissioner Orthwein made a motion to approve a land
clearing permit to remove 13 trees less than 8" in diameter.
Commissioner White seconded the motion with all voting AYE at roll call.
Commissioner Orthwein made a motion to approve a Level III
Architectural/Site Plan to demolish a structure and to re -sod and
irrigate the entire lot. Commissioner White seconded the motion with
all voting AYE at roll call.
4. 4225 N. County Road
a. Declaration of Ex -Parte Communications
There was none.
b. Administer Oaths
Town Clerk Taylor swore in Michael Rizzo.
c. Application submitted by Michael Rizzo, Rizzo & Rizzo,
Inc. as Agent for Robert & Sandra Powell, owners of
the property located at 4225 N. County Road, Gulf
Stream, Florida, legally described in metes & bounds
in Government Lot 2, Section 34, Township 45 S. Range
43.
(1) DEMOLITION PERMIT to demolish 575 sq. ft. of
existing building.
(2) LAND CLEARING PERMIT to construct a new septic
system.
(3) SPECIAL EXCEPTION to permit up to a maximum FAR
of 2,500 sq. ft. due to the small size of the
property.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
(4) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to
permit additions and renovations to the
existing Gulf Stream Bermuda, one-story, single
family dwelling that will increase the size of
the dwelling to 2,392 square feet.
Mr. Michael Rizzo, architect, explained that this was one of
the smaller lots in town with one of the smallest homes. He stated the
house was inferior wood construction right now, not cement block, and
the septic system and tank was in the east corner in the front of the
house and was currently under size and wouldn't meet today's Code. Mr.
Rizzo stated they were proposing to demolish the front part of the house
they had enclosed with wood and the chimney. He added they were
proposing to remove all the existing trees and vegetation because
anything over eight inches in the front were diseased and had large
holes in them. Mr. Rizzo stated they wanted the leach field to be
alongside the house with the high-performance septic system in the back
of the house. He added they needed to remove the trees where the current
septic system was located but they were going to keep the large Banyans
in the back that anchored the corners. Mr. Rizzo said they were
proposing a Chattahoochee Stone driveway with a Clusia hedge to wrap the
perimeter in place of the wooden fences to clean up and provide privacy.
Mr. Rizzo stated the site itself was approximately 5,600 sq. ft. and
under the Town Code it allows a house up to 2,500 sq. ft. and they were
at 2,392 with what they wanted to add. He stated the special exception
was required because it was a non -conforming site with non -conforming
setbacks, and they need special exceptions for the setbacks. Mr. Rizzo
stated all their setbacks were less than what currently existed and
provided relief. He added they pushed the building back in the front,
which is the setback that didn't conform.
Mayor Morgan asked if the Commission granted the special
exception requests, were they going to come back with a landscape plan
to which Mr. Rizzo answered in the affirmative. Town Manager Dunham
explained that the architectural board added a condition that prior to
the issuance of a certificate of occupancy a landscape plan would be
approved by the Town Commission and added they didn't have a landscape
plan because he was under the impression the owners wanted to see what
the house looked like before submitting a landscape plan. Mr. Rizzo
interrupted and stated they did have a preliminary landscape plan of
Clusia hedge on three sides and the two Banyans in the back yard. He
added what they did not plan was the front of the house which would be
the center island and the foundation along the front.
Mayor Morgan asked why the center box needed to be so high to
which Mr. Rizzo explained it wasn't that high because the site drops
four feet from the steps to the edge of the driveway. He added the
cupola was 40'-45' off the street line and if you looked at the
surrounding lots, they had houses that were 30 and 40 feet high and
towers over 100 feet. Mr. Rizzo said the top of the tower on the house
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
was 271, which was lower than the adjoining property line. He explained
that it was meant to bring light into the house because the living room
didn't have any exterior light other than filtering through the
breakfast area. Commissioner Orthwein stated it was an improvement to
what was presently there. Commissioner White asked if those were copper
gutters on the rendering to which Mr. Rizzo answered in the affirmative
and thought it was the most durable material due to the proximity to the
ocean. Commissioner Lyons thought the structure in the middle was
larger than a cupola and had an unusual vertical look and wanted to
discuss a little further because he didn't know how it fit into the
streetscape of County Road. Commissioner Lyons stated he understood the
lighting objectives, but it didn't seem to have much window and he
thought it looked beautiful without the cupola. Mr. Rizzo disagreed and
stated without the cupola it would look like a cement bunker. He added
they were Bahama shutters on the cupola which allows the sun to come in
all day long. Commissioner Lyons stated that the landscaping should be
able to soften if they were going to leave it as is. Commissioner Lyons
asked if there had been any comments from the neighbors to which Town
Clerk Taylor stated there had been no comments. Commissioner Lyons
thought the existing building was fine and although it wasn't ideal from
his perspective, he thought with the landscaping the Commission should
show some flexibility on the house. Commissioner Orthwein stated that
if they could put in some taller palm trees and some flowering trees in
the front it would take away from the height of the cupola and the stark
whiteness. Mayor Morgan stated the consensus was that it was an
improvement to the property and the landscaping would be critical to
helping cover the cupola. Commissioner Orthwein agreed that it was a
vast improvement to that area.
Vice Mayor Stanley made a motion to approve a demolition
permit for the demolition of selected areas of a single -story house
located at 4225 N. County Road. The motion was seconded by Commissioner
White with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Special
Exception of Floor Area Ratio for a lot less than 7,576 sq. ft. The
motion was seconded by Commissioner Orthwein with all voting AYE at roll
call.
Vice Mayor Stanley made a motion to approve a Special
Exception for additions to the structure at 4225 N. County Road with
existing non -conforming setbacks. The motion was seconded by
Commissioner White with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Level III
Architectural/Site Plan based on a finding that the selected demolition
of a single -story 1,879 sq. ft. house and the reconstruction of
additions to the house making a total square footage of 2,392 sq. ft.
including a double height living room meets the minimum intent of the
Design Manual and applicable review standards with the following
conditions:
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
1. A full landscape plan be submitted to the Town Manager
prior to certificate of occupancy.
2. Any minor modifications in the approved landscaping shall
be submitted to the Town Manager for review and approval
and any major modification shall be brought back to the
ARPB for review and approval, prior to commencement of
landscaping.
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
5. 520 Middle Road
a. Declaration of Ex-Parte Communications
There was none. Vice Mayor Stanley recused himself
from voting citing professional reasons.
b. Administer Oaths
Town Clerk Taylor swore in Fritz Souder.
c. An application submitted by William Souder, owner of
the property located at 520 Middle Road, Gulf Stream,
Florida, legally described as Lot 19 and a portion of
Lot 20 in Gulf Stream Cove.
(1) VARIANCE to permit construction of a 30 ft.
long dock which exceeds the 13.3 ft. maximum
permitted.
(2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to
permit construction of a 30 ft. long dock which
exceeds the 13.3 ft. maximum permitted.
Assistant Town Attorney Nazzaro went over the Commission
responsibilities when considering a request for a variance. He stated
that a variance was permission for a landowner to go outside the limits
of the Code to build something which would otherwise not be permitted.
He added that the Code at Section 66-154, Standards, gave the Board the
specific criteria that must be met for a variance to be granted. All
eight criteria must be met, and the burden was on the applicant to
establish the existence of the required eight variance standards. Mr.
Nazzaro explained that the Town consulted with its planner to prepare
for the variance hearing before the ARPB and the planner said that the
restrictions on this lot were incorrect in the Code. He added that
later in the Agenda was an Ordinance that corrected that error and
allowed a dock up to 28.1' to be built on the property. It was the same
as two nearly identical lots that also have 43.3' of water frontage in
the cove directly north of that property. With the correction of that
error, the applicant would be permitted to have a dock 28.1' long
without the need for a variance.
Mr. Souder explained there were existing dolphin poles in
place and pilings that were designed for the existing 30' dock. He just
wanted to repair the dock as it was not in very good shape so his goal
would be to do a new 30' wood frame dock because he had to take the old
one down due to safety issues. Commissioner White stated she didn't
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
have a problem of the replacement but that it would have to be uniform
to everyone that wanted to replace. Mayor Morgan agreed and stated that
it did meet the requirements of a variance up to 28.11, which was
consistent with the other properties under the Code and to go beyond
that would not meet the criteria. Commissioner Orthwein commented that
he had a dock that was 30' originally and all he was doing was looking
to replace that. Mayor Morgan stated that it would be conferring a
special privilege. Assistant Town Attorney Nazzaro stated because it
was a total replacement it needed to conform to the existing Code.
Commissioner Orthwein stated she understood, she just thought since he
had it before then he should be able to replace it. Commissioner Lyons
agreed with Commissioner Orthwein and thought it was a matter of taking
the existing dimensions and repairing them. He added that all Mr. Souder
was doing was replacing something that was already there. Mayor Morgan
stated they were all sympathetic to it, but good facts made bad law, and
this would be deviating from the legal standard of a variance and
setting precedent to go back to. Commissioner Orthwein understood and
thought there should be something in the Code regarding those who wanted
to replace an exact footprint to bring things up to today's standard as
things age and not make it a variance. Mr. Souder reiterated that the
dolphin poles were set for the original 30' dock and if it wasn't for
the mistake of 13' in the Code, he probably could have kept the ends of
the dock. He added that because of the mistake he had to replace the
seawall in order to move into the house and had to take the dock out.
Mayor Morgan asked what the difference was between the 28.1' vs. 30' to
which Mr. Souder stated the only real difference was the existing
dolphin poles, some expense because the Code was wrong and now more
expense because he was going to have to move the dolphin poles. Mr.
Souder stated all he wanted to do was repair something that hadn't been
kept up and the neighbors had no problem with it.
Commissioner Orthwein made a motion to approve a variance
from the provisions in Sec. 66-369 to permit the construction of a
28.1' X 5' dock at 520 Middle Road. Commissioner white seconded the
vote with Commissioner Orthwein, Commissioner White and Mayor Morgan
voting AYE at roll call. Commission Lyons voted NO at roll call.
IX. Reports
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated the Town had filed suit with
AT&T with AT&T's response being due by July 20, 2020. He added that
Comcast had installed all the drops so the next step was to hook the
equipment to the homes and that would need to be scheduled by the
residents.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
2. Update-AlA Water Main Project Construction
Town Manager Dunham stated the piping was in from Sea Road
up to County Road and he felt it would be completed within the next two
weeks.
3. Update -Place Au Soleil Street Lighting
Town Manager Dunham stated this project had begun.
B. Architectural Review & Planning Board
1. Meeting Dates
a. July 23, 2020 at 8:30 A.M.
b. No August Meeting
c. September 24, 2020 at 8:30 A.M.
d. October 22, 2020 at 8:30 A.M.
e. November to be determined.
C. Finance Director
1. Financial Report for June 2020
Town Manager Dunham stated the report represented 750 of
the budget.
D. Police Chief
1. Activity for June 2020
Chief Allen requested the report be accepted as submitted
and noted that two vehicles had been stolen last month as well as two
more this month. He added they had gone door-to-door advising the
residents. Mayor Morgan reiterated that the Town had written to the
residents, the police had gone door-to-door warning the residents, but
people are still leaving cars running, leaving keys and valuables in
their vehicles and eight vehicles stolen this year was a lot.
Mayor Morgan accepted both reports as submitted.
X. Items for Commission Action.
A. Presentation of Proposed Budget for Fiscal Year 2020-2021
Town Manager Dunham stated that the ad valorem tax levy
was the primary source of revenue for the Town. He added that the last
three years the Town had either lowered the rate or set it at the
rollback rate, and they were proposing to do the rollback rate this
year. Mayor Morgan stated we would probably see a reduction in the
penny sales tax revenue this year to which Town Manager Dunham agreed.
Mr. Dunham then added that some of the services such as Fire Rescue and
Waste Management contracts had gone up, but the Town wasn't having to
increase the ad valorem tax levy. Town Manager Dunham stated that the
budget was going to be CIP driven for the next several years and wanted
to thank Commissioner Lyons for working with the staff in developing a
sound cash management program that has allowed the Town to keep the
millage rate in check.
12
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
1. Budget Consideration
Town Manager Dunham pointed out the Town's ending
unrestricted fund balances for fiscal years since 2011 and
stated that for the year ending 2019 the Town was at a
balance of $5,669,187.
2. 2019-2020 Millage Rate
Town Manager stated the millage rate for 19-20 was 3.8606
and the budgeted ad valorem proceeds for operations were $4,618,484.
3. Proposed Millage Rate for Fiscal Year 2020-2021
Town Manager Dunham stated the proposed millage rate for
20-21 was 3.7591, which is the 2021 rollback rate. He added the ad
valorem proceeds at that proposed millage rate for 2021 operations would
be $4,621,805. Mr. Dunham stated the prior year final gross taxable
value for Gulf Stream was $1,195,147,298 and for this year it would be
$1,227,409,563. He added that some highlights for this coming year are
the addition of a full-time police officer, a CIP planning year for the
North Core District and installation of "smart meters" town wide. The
total proposed expenditures for the General Fund were $501,930 and the
Water Fund at $400,778. The total budget for 2020-2021 was $7,597,355.
Mayor Morgan thanked the staff for a well -constructed
budget. He stated that the Town had been asked numerous times to
consider putting cameras throughout the Town in select areas. He noted
that Lt. Haseley had studied it and they had spoken to other towns and
concluded it would not be a real benefit to the Town but those funds
should be spent on better equipment for the police and, more
importantly, adding another police officer to the force. Commissioner
Lyons asked what a smart meter would allow him to do. CFO Tew explained
that there were different types of smart meters that varied from very
complex with a lot of user features to basic ones. She stated they had
landed in the middle at the $200,000 range and there were smart meters
that would remotely let you check your usage per day, per week, etc. and
they all had the ability for the resident to create an account and
monitor their own meter.
Vice Mayor Stanley made a motion to approve the proposed
millage rate of 3.7591 for Fiscal Year 2020-2021. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
4. Certification of Rolled Back Millage Rate
Vice Mayor Stanley made a motion to approve the
certification of the rolled back millage rate of 3.7591. Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
5. Date of First Public Hearing -Tentative Budget Adoption
Vice Mayor Stanley made a motion to set the date of the
first public hearing tentative budget meeting to be September 11, 2020
at 5:01 P.M. The motion was seconded by Commissioner Orthwein with all
voting AYE at roll call.
13
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
6. Date of Second Public Hearing -Final Budget Adoption
Vice Mayor Stanley made a motion to set the date of the
second public hearing final budget meeting to be September 22, 2020 at
5:01 P.M. The motion was seconded by Commissioner Orthwein with all
voting AYE at roll call.
B. Ordinances
1. ORDINANCE NO. 20/3; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66,
ZONING, ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS,
DIVISION 2, ACCESSORY STRUCTURES AND RECREATIONAL
FACILITIES, SECTION 66 -369 -DOCKS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE UPON FIRST READING THIS 10th DAY OF JULY,
2020 AND WILL BE PRESENTED FOR SECOND READING AND ADOPTION
IN AUGUST.
Assistant Town Attorney noted this was a correction to an
error in the Code. Commissioner Orthwein made a motion to approve the
first reading of Ordinance No. 20/3. Commissioner White seconded the
motion with all voting AYE at roll call.
2. ORDINANCE NO. 20/4; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
ADOPTING AND ENACTING AN UPDATED AND REPRODUCED CODE FOR
THE TOWN OF GULF STREAM; PROVIDING FOR THE REPEAL OF
ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER
OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND
THIS ORDINANCE SHALL BECOME EFFECTIVE BEING PRESENTED UPON
FIRST READING THIS 10TH DAY OF JULY, 2020.
Assistant Town Attorney Nazzaro explained this was a
requirement when the Code Book is updated. Commissioner Orthwein made a
motion to approve the first reading of Ordinance No. 20/4. Commissioner
White seconded the motion with all voting AYE at roll call.
C. Purchase of Body Cameras
Town Manager Dunham reminded the Commission that they had
discussed in the past the idea of moving to body cameras to replace the
in -car cameras. He added that the Town sought bids for 12 body cameras
to replace the in -car cameras that are still in use. Mayor Morgan asked
if the in -car cameras would still be used to which Chief Allen told him
they would be phased out as they quit working which they already had one
that wasn't working and it was astronomical in price to fix them. He
added body cameras were more effective than in -car cameras. Vice Mayor
Stanley asked how long the video footage had to be kept. Assistant Town
Attorney Nazzaro answered a minimum of 90 days and from there it related
to what type of crime it was. Mayor Morgan asked how the video footage
was preserved to which Chief Allen stated the company they were
14
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 10, 2020 @ 9:00 A.M.
purchasing from would be giving them a server to upload the footage to
and they would back it up as well.
Commissioner Orthwein made a motion to approve the purchase
of 12 body cameras from Wolfcom at the price of $22,058. Commissioner
White seconded the motion with all voting AYE at roll call.
D. Items by Mayor & Commissioners
There were none.
XI. Adjournment
Mayor Morgan adjourned the meeting at 11:58 A.M.
Renee Bas'6-1-_/
Assistant Town Clerk
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